Caldwell v. Deese

216 S.E.2d 452 (1975)

26 N.C. App. 435

Ola Deese CALDWELL

v.

Davis W. DEESE.

No. 7526SC254.

Court of Appeals of North Carolina.

July 2, 1975.

Mraz, Aycock, Casstevens & Davis by Frank B. Aycock, III, Charlotte, for plaintiff appellant.

Myers & Collie by George C. Collie and Charles T. Myers, Charlotte, for defendant appellee.

HEDRICK, Judge.

The sole question for resolution on this appeal is whether the trial court erred in allowing defendant's motion for summary judgment.

Although the trial judge in entering summary judgment for the defendant declared in the language of Rule 56 that there were no…